COMMONWEALTH OF KENTUCKY LEGISLATIVE RESEARCH COMMISSION

GENERAL ASSEMBLY LOCAL MANDATE FISCAL IMPACT ESTIMATE

2000 REGULAR SESSION 1998-1999 INTERIM

MEASURE

2000 RS BR / 2758 / Amendment: / Committee / Floor
Bill #: / HB 1032 / Amendment #
SUBJECT/TITLE / Access to information technology and telecommunications equipment by the visually impaired or the hard of hearing
SPONSOR / Rep. Susan Johns

MANDATE SUMMARY

Unit of Government: / X / City; / X / County; / X / Urban County Government

Program/

Office(s) Impacted:
Requirement: / X / Mandatory / Optional

Effect on

Powers & Duties / Modifies Existing / X / Adds New / Eliminates Existing

PURPOSE/MECHANICS

HB 1032 creates new sections of KRS Chapter 61 to ensure that information technology equipment and software used by state and state-assisted entities provide access to blind or visually impaired and the deaf and hard of hearing individuals. HB 1032 requires a technology access clause in contracts for the purchase of information technology and requires the Finance and Administration Cabinet to develop the technology access clause and non visual access standards. HB 1032 also requires that existing equipment be brought into compliance when upgraded. The bill also provides a three year period following the effective date of the act whereby the technology clause may be excluded if the cost is found to present undue financial or administrative burden. Finally, HB 1032 provides that a person injured by a violation of access may seek injunctive relief.

FISCAL EXPLANATION/BILL PROVISIONS / ESTIMATED COST

The impact of HB 1032 is indeterminable, but is expected to be minimal. HB 1032 requires the Finance and Administration Cabinet to develop a technology access clause which shall establish access standards, including non visual access, for use in the procurement of information technology by covered entities. This clause shall be included in all contracts entered into after the effective date of this act by all covered entities, which includes all cities and counties that are supported in whole or in part by state funds. For the first three years following the effective date of this bill, however, the head of any covered entity may exclude the technology access clause if the cost of the software of peripheral device presents an undue financial or administrative burden. Nor does HB 1032 require the replacement or upgrading of existing equipment or software, though it does require that any upgrades performed bring the equipment into conformance with the specified standards.

HB 1032 also require that the Finance and Administration' technology clause comply with Section 255 of the Federal Telecommunications Act of 1996 and Section 508 of the Federal Workforce Investment Act of 1998. Officials with the Department for the Blind and KATS stated that current versions of the Windows and Apple operating systems comply with the information technology aspects of the acts. Officials stated that current software designed to assist individuals with a visual imparity are compatible with these systems. Further, the officials reported that standards specified by the Federal Telecommunications Act of 1998 have been adopted by most of the firms manufacturing telephones, therefore compliant telephones are readily available. HB 1032 does provide injunctive relief for a person injured by a violation of this act, however, this does not represent a cost of the bill, only a cost of violating the provisions set forth in HB 1032.

DATA SOURCE(S) / Melvin LeCompte, LRC; George Parsons, Dept. for Vocational Rehabilitation; Patty Conway, Vocational Rehabilitation; Wayne Thompson, Dept. for the Blind; Chase Forrester, KATS Network; Jamie Franklin, LRC;
PREPARER / Tom Hewlett / REVIEW / DATE

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